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Can I bring a small claims action in Colorado against a

Good afternoon. Can...

Good afternoon. Can I bring a small claims action in Colorado against a company that does their business on the internet?

Lawyer's Assistant: Has anything been filed or reported?

Nothing has been filed as of yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just want to know if I can bring a small claims action against this entity

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Answered in 1 minute by:
3/13/2018
legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 13,706
Experience: General Practitioner. Research Attorney
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Customer reply replied 4 months ago
I will wait to hear your reply. Thanks

Yes under the long arm statute a company doing business within a state may be sued in that state if there is a reasonable likelihood that they may be subject to a lawsuit within that state. Generally a business presence, or even doing business on a regular basis in that state (ie shipping products) will allow the court jurisdiction. Please see:

https://www.courts.state.co.us/userfiles/file/Self_Help/smallclaimshandbook%20finaltocourt%204-11.pdf

Page 3 deals with suing a corporation versus an individual:

http://www.usafa.af.mil/Portals/21/documents/Leadership/JudgeAdvocate/Small%20Claims%20Handbook.pdf?ver=2015-10-30-115235-577

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Customer reply replied 4 months ago
Ok, as I understand it. I can bring a small claims action against this company in Baltimore MD who sold me a product/service over the internet. This company does not have a physical presence in the state of Colorado

Physical presence is not required; the long arm statute is designed to provide protection for people that have a cause of action within their home state based on the business's "presence" in the state- not physical, but for example a business presence, the act of doing business within the state- by mailing products to the state.

This explains it:

https://www.law.cornell.edu/wex/long-arm_statute

legalg
legalg, Attorney
Category: Business Law
Satisfied Customers: 13,706
Experience: General Practitioner. Research Attorney
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Customer reply replied 4 months ago
Thank you for your expertise.

You are most welcome; thank you kindly for taking the time to rate positively-it is appreciated!

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